These Terms of Service ("Terms") govern your access to and use of the SwingPerfect.io website, applications, and services (collectively, the "Service") operated by SwingPerfect ("we," "us," or "our"). By accessing or using the Service, or by creating an account or purchasing a subscription, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. The Service

SwingPerfect.io is an informational and educational stock-analysis platform. The Service scans publicly traded equities and ETFs and presents algorithmically generated outputs, which may include signal classifications (for example "BUY," "RISKY," or "NO BUY"), a "Confidence Score," entry-timing indications, a swing-position tracker, a daily highlighted ticker ("Pick of the Day"), and historical/backtested performance statistics.

The Service is offered on a freemium basis:

• Unauthenticated (free) access displays limited, partial, obfuscated, or synthetic placeholder data. Data shown to unauthenticated visitors is intentionally incomplete or randomized and must not be relied upon for any purpose.
• Paid subscription access unlocks the full generated dataset for authenticated subscribers.

We may add, change, suspend, or discontinue any part of the Service at any time.

2. Not Investment Advice; No Advisory Relationship

This is the most important provision of these Terms. Read it carefully.

• The Service is provided for informational and educational purposes only. Nothing on or generated by the Service is, or should be construed as, investment advice, financial advice, tax advice, legal advice, a recommendation, a solicitation, or an offer to buy, sell, or hold any security or financial instrument.
• SwingPerfect is not a registered investment adviser, broker-dealer, financial planner, or a licensed financial professional in any jurisdiction, and no fiduciary or advisory relationship is created between you and SwingPerfect by your use of the Service.
• Signal classifications, confidence scores, "Pick of the Day," entry-timing values, and any other output are generalized, automated, algorithmic outputs. They are not personalized to your financial situation, objectives, risk tolerance, or needs, and they do not account for your individual circumstances.
• You are solely responsible for evaluating the merits and risks of any decision you make. You should consult a licensed financial adviser, broker, or other qualified professional before making any investment decision.

3. Backtested and Hypothetical Performance

• Certain outputs, including confidence scores and win-rate statistics, are derived from historical simulation and backtesting over multi-year windows (for example, 25-year and 10-year backtests) using statistical methods such as shrinkage estimators.
• Backtested and hypothetical performance has inherent limitations. It is prepared with the benefit of hindsight, does not represent actual trading, and does not reflect the impact of many real-world factors, including but not limited to market liquidity, slippage, execution timing, commissions, fees, taxes, or emotional and behavioral factors.
• Past performance, whether actual, simulated, or hypothetical, is not indicative of and does not guarantee future results. No representation is made that any account will, or is likely to, achieve results similar to those shown.

4. Market Data and Accuracy

• Underlying price and market data are obtained from third-party sources (including Yahoo Finance via the yfinance library). This data may be delayed, adjusted, incomplete, or inaccurate, and is not real-time exchange data.
• We do not warrant the accuracy, completeness, timeliness, or reliability of any data, calculation, indicator, or output. Data errors, split-adjustment discrepancies, delisting lag, and similar issues can and do occur.
• You acknowledge that outputs may change between scans and may be revised or corrected without notice.

5. Assumption of Risk

Trading and investing in securities involves substantial risk, including the risk of total loss of capital. By using the Service, you acknowledge and agree that:

• You use the Service and any output entirely at your own risk.
• You are solely responsible for all decisions and transactions in your own accounts and for all resulting gains, losses, and tax consequences.
• SwingPerfect is not responsible for any trading losses, missed opportunities, or other damages arising from your use of, or reliance on, the Service.

6. Eligibility

You must be at least 18 years old (or the age of majority in your jurisdiction, if higher) and legally capable of entering into a binding contract to use the Service. By using the Service, you represent that you meet these requirements and that your use complies with all laws applicable to you.

7. Accounts, Authentication, and Security

• Access to paid features requires an account secured by time-based one-time password (TOTP) two-factor authentication. During setup you will be issued a TOTP secret (for use with an authenticator app) and a set of one-time recovery codes.
• You are responsible for safeguarding your authenticator device, recovery codes, and any session token issued to your browser. Anyone with your recovery codes or an active session may access your account. Store your recovery codes securely and do not share them.
• You are responsible for all activity that occurs under your account. Notify us promptly of any suspected unauthorized access.
• You may not share, sell, or transfer your account or access credentials, and you may not permit others to access paid content through your account.

8. Subscriptions, Billing, and Payments

• Paid access is provided on a subscription basis. Billing and payment are handled by our third-party payment processor, Stripe. We do not receive or store your full payment card number; that information is handled directly by Stripe under Stripe's terms and privacy policy.
• By subscribing, you authorize recurring charges to your selected payment method at the then-current price and billing interval until you cancel.
• Auto-renewal: Subscriptions renew automatically at the end of each billing period unless cancelled before the renewal date.
• Cancellation: You may cancel at any time. Cancellation stops future renewals; unless required by law, cancellation does not retroactively refund the current period.
• Refunds: All fees are final and non-refundable. The Service is a consumptive digital service delivered immediately upon access; by subscribing, you acknowledge you are not entitled to a refund for any unused portion of a billing period, except where required by applicable law.
• Price changes: We may change subscription pricing on a prospective basis. Changes will not apply to the current paid period.
• Taxes: Prices exclude applicable taxes unless stated otherwise; you are responsible for any applicable taxes.

9. Acceptable Use

You agree that you will not:

• Access, scrape, harvest, crawl, or bulk-download data or content from the Service by automated or unauthorized means, or attempt to circumvent the freemium gating, authentication, obfuscation, or access controls.
• Reproduce, redistribute, resell, sublicense, publicly display, or create derivative works from paid content, data, or outputs without our prior written permission.
• Reverse engineer, decompile, or attempt to derive the proprietary methodology, thresholds, or source code underlying the Service, except to the extent this restriction is prohibited by applicable law.
• Interfere with, disrupt, overload, or attempt to gain unauthorized access to the Service or its infrastructure, accounts, or networks.
• Use the Service in violation of any applicable law or regulation, including securities laws.

10. Intellectual Property

• The Service, including its software, algorithms, scoring methodology, design, text, and other content (excluding third-party market data), is owned by SwingPerfect or its licensors and is protected by intellectual property laws.
• Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Service for your own personal, non-commercial use.
• Underlying market data remains subject to the rights and terms of its original sources.
• All rights not expressly granted are reserved.

11. Third-Party Services

The Service relies on third parties, including Stripe (payments), Cloudflare (hosting, content delivery, and edge/serverless infrastructure), and Yahoo Finance / yfinance (market data). Your use of features involving these providers may be subject to their respective terms and policies. We are not responsible for third-party services, and their availability or performance is outside our control.

12. Disclaimer of Warranties

THE SERVICE AND ALL CONTENT, DATA, AND OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT ANY OUTPUT WILL BE ACCURATE OR RELIABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SWINGPERFECT OR ITS OWNERS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY TRADING OR INVESTMENT LOSSES, LOST PROFITS, LOST DATA, OR LOSS OF GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SERVICE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (USD 100).

SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

14. Indemnification

You agree to indemnify, defend, and hold harmless SwingPerfect and its owners, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to your use of the Service, your trading or investment decisions, your violation of these Terms, or your violation of any law or third-party right.

15. Service Availability and Modifications

The Service is provided on an "as available" basis and may be unavailable, interrupted, or delayed for maintenance, updates, third-party outages, or other reasons, with or without notice. We do not guarantee any level of uptime or availability.

16. Termination

We may suspend or terminate your access to the Service at any time, with or without cause or notice, including for violation of these Terms. Upon termination, your right to use the Service ceases. Provisions that by their nature should survive termination (including disclaimers, limitations of liability, indemnification, and intellectual property provisions) will survive.

17. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Arizona, USA, without regard to conflict-of-laws principles. Any dispute arising out of or relating to these Terms or the Service shall be resolved in the state or federal courts located in Maricopa County, Arizona, and you consent to the jurisdiction of those courts.

18. Changes to These Terms

We may update these Terms from time to time. Material changes may be communicated through the Service. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

This Privacy Policy explains how SwingPerfect ("we," "us," or "our") collects, uses, shares, and protects information in connection with the SwingPerfect.io website and services (the "Service"). By using the Service, you agree to the practices described here.

1. Summary

SwingPerfect is a paid, subscription-based stock-analysis platform. To provide it, we collect a limited set of account, authentication, billing, and technical information. We do not use advertising trackers, analytics pixels, or third-party tracking cookies, and we do not sell your personal information. The sections below describe exactly what we collect and why.

2. Information We Collect

2.1 Account and Authentication Data

When you create a paid account, we store the following in our infrastructure:

• A subscription identifier issued by our payment processor (Stripe), which links your account to your subscription.
• Two-factor authentication data, including a TOTP secret used with your authenticator app and a set of one-time recovery codes (and a record of which recovery codes have been used).
• Account status and metadata, such as whether the account is active, whether setup is complete, and the account creation timestamp.

2.2 Billing and Payment Data

Payments are processed by Stripe. When you subscribe, you provide payment information (such as name, email address, payment card details, and billing address) directly to Stripe. We do not receive or store your full payment card number. We store only the Stripe subscription identifier that lets us confirm your subscription status. Stripe's handling of your information is governed by Stripe's own privacy policy.

2.3 Watchlist / Favorites

If you save tickers to your watchlist ("favorites"), we store the list of ticker symbols you have saved, associated with your account, so we can display your watchlist to you.

2.4 Technical and Log Data

Our website and API are served through Cloudflare infrastructure (including serverless workers and R2 storage). As with virtually all internet services, Cloudflare processes standard technical information necessary to deliver and secure the Service, which may include your IP address, browser/device type (user agent), request timestamps, and requested URLs. This information is used for delivery, security, and abuse prevention and is subject to Cloudflare's data-handling practices.

2.5 Information Stored Locally on Your Device

The Service stores a small amount of functional data in your browser's local/session storage, including:

• A session token (used to keep you signed in and to request your paid data).
• An onboarding flag (to remember that you have seen the introductory walkthrough).
• A temporary demo token (in-memory only, for demo mode; cleared when you refresh the page).

This is functional data required for the Service to work. It is not used for advertising or cross-site tracking.

3. What We Do Not Collect

We want to be specific about this, because it is a deliberate design choice:

• No third-party analytics (for example, no Google Analytics).
• No advertising or social media tracking pixels (for example, no Facebook/Meta Pixel).
• No third-party tracking or advertising cookies.
• No sale of personal information to data brokers, advertisers, or any other third party.

4. How We Use Information

We use the information described above to:

• Authenticate you and secure your account (including two-factor authentication).
• Provide, maintain, and deliver the paid Service and your saved watchlist.
• Verify and manage your subscription and billing status (via Stripe).
• Operate, secure, monitor, and troubleshoot the Service and prevent abuse.
• Comply with legal obligations and enforce our Terms of Service.

We do not use your information to build advertising profiles or to track you across other websites.

5. How Information Is Shared

We share information only as needed to run the Service:

• Stripe - to process payments and manage subscriptions.
• Cloudflare - to host, deliver, and secure the Service.
• Legal and safety - if required by law, legal process, or to protect the rights, property, or safety of SwingPerfect, our users, or others.
• Business transfers - in connection with a merger, acquisition, or sale of assets, in which case we will seek to ensure the recipient honors this Policy.

We do not sell or rent your personal information.

6. Cookies and Local Storage

We do not use tracking or advertising cookies. The Service relies on browser local/session storage for essential functions only (session token, onboarding flag, demo token), as described in Section 2.5. Because these are strictly functional, disabling them may prevent the Service from working correctly. Any cookies set by third parties such as Stripe or Cloudflare are governed by their respective policies.

7. Data Storage and Security

• Account data is stored in Cloudflare R2 object storage.
• Data transmitted between your browser and the Service is protected in transit using HTTPS/TLS encryption, and R2 provides encryption at rest for stored objects.
• Access to production data is restricted to authorized operators.

No method of transmission or storage is completely secure, and we cannot guarantee absolute security. You are responsible for safeguarding your authenticator device, recovery codes, and session, and for notifying us of any suspected unauthorized access.

8. Data Retention

• We do not collect or store directly identifying information ourselves (no name, email, or physical address in our own systems). Your billing name, email, and payment details are held by Stripe, not by us.
• Because the Service requires an authenticated account, we do retain a minimal account record for as long as your subscription is active: your Stripe subscription identifier, your two-factor authentication data, account status, and your saved watchlist. This is operational data required to keep you signed in and to run your subscription, not a profile built for tracking or marketing.
• We do not run analytics on this data and do not build usage or advertising profiles from it.
• Cancelling your subscription (available in-app, see Section 9) stops billing and future access. Any technical/log data handled by our infrastructure providers is retained per their own standard practices, outside our control.

9. Your Rights and Choices

Depending on where you live, you may have rights over your personal information, including the right to:

• Access the personal information we hold about you.
• Correct inaccurate information.
• Delete your account and associated personal information.
• Export/port certain information.
• Object to or restrict certain processing.
• Withdraw consent where processing is based on consent.

You can exercise these rights directly: your account settings include a Cancel Subscription option, which stops billing and access. We do not offer a separate support inbox or request channel at this time. We will not discriminate against you for exercising these rights.

10. GDPR (Users in the EEA and UK)

If you are located in the European Economic Area or the United Kingdom, we process your personal data on the following legal bases: performance of a contract (to provide the Service you subscribe to), legitimate interests (to secure and improve the Service and prevent abuse), consent (where applicable), and legal obligation (for example, tax and accounting). You have the rights described in Section 9, and you have the right to lodge a complaint with your local supervisory authority. Where we transfer data internationally, we rely on appropriate safeguards as described in Section 12.

11. CCPA/CPRA (California Residents)

If you are a California resident, you have the right to know what personal information we collect, to access and delete it, to correct inaccuracies, and to opt out of the "sale" or "sharing" of personal information. We do not sell or share personal information as those terms are defined under California law. Because we hold no identifying information ourselves (see Section 8), the practical way to exercise these rights is to cancel your subscription in-app, which stops billing and access. We will not discriminate against you for exercising your rights.

12. International Data Transfers

Our infrastructure providers (including Cloudflare and Stripe) may process and store data in multiple countries, including the United States. By using the Service, you understand that your information may be transferred to and processed in countries other than your own. Where required, we rely on appropriate legal safeguards for such transfers.

13. Children's Privacy

The Service is intended for adults (18 and older) and is not directed to children. We do not knowingly collect personal information from children under 13 (or the minimum age required in your jurisdiction). If we become aware that a child has created an account, we will take steps to delete the associated account data.

14. Changes to This Policy

We may update this Privacy Policy from time to time. Where appropriate, we will notify you through the Service. Your continued use of the Service after changes take effect constitutes acceptance of the updated Policy.